Digital DM — Terms of Service
Draft — v0.1. Not legal advice. Have a lawyer review before launch.*Every clause below traces to a specific upstream constraint. The right-hand
notes in docs/LICENSE-CONSTRAINTS.md explain why each one exists. Do not delete
a clause without checking what it was holding up.*
Last updated: [DATE] · Effective: [DATE]
1. What Digital DM is
Digital DM ("we", "us") is a content generator for tabletop roleplaying games. It produces NPCs, quest hooks, locations, items, and creatures compatible with fifth-edition rules, using third-party AI models.
Digital DM is not affiliated with, endorsed by, or sponsored by Wizards of the Coast LLC. "Dungeons & Dragons" and "D&D" are trademarks of Wizards of the Coast. We build on the System Reference Document under CC BY 4.0 — see Attribution.By using Digital DM you agree to these Terms, our Acceptable Use Policy, and our Privacy Policy. If you don't agree, don't use it.
2. Your rights in what you generate
We claim no ownership of your generations. Subject to Section 3, you receive a **perpetual, worldwide, royalty-free, non-exclusive licence** to use, reproduce, modify, publish, distribute, and create derivative works from the content you generate, for **personal and commercial purposes**. Use it in your home game. Put it in a module you sell. Publish it on DMsGuild, itch.io, or your Patreon. We don't take a cut and we don't ask.Why this is safe to promise: Black Forest Labs' developer terms state that
you and your end users may use outputs for personal or commercial purposes.
The upstream grant explicitly contemplates a downstream end-user licence, which
is what makes this clause legal for us to offer.
3. Limits on that licence
Our grant to you is a sublicence. We cannot give you more than our model providers give us, so their restrictions travel with the content. You may not:
(a) Train competing AI models. You may not use generations to train, fine-tune, distil, or otherwise develop any AI model that competes with the models used to create them. (b) Present AI output as human-made. You may not represent generated content as human-authored, or remove, obscure, or alter the AI-provenance markings we attach to exports and images. You may use this content commercially; you may not lie about where it came from. (c) Generate unlawful or infringing content, or content that violates the Acceptable Use Policy. (d) Use it in high-risk applications — any context where failure could foreseeably lead to death, personal injury, or severe property or environmental damage. (This is a tabletop toy. Please do not fly a plane with it.) (e) Resell access to the underlying models. You may not use Digital DM as a proxy to provide AI generation services to third parties.Breach of this section terminates the licence in Section 2.
4. No warranty, and no indemnity — read this one
Generations are provided "AS IS". We make no warranty that generated content is original, non-infringing, or free of third-party rights, and we do not indemnify you against claims arising from your use of it. If you publish a generation commercially and someone asserts a claim, that is your risk, not ours.We are not being stingy. Our image model provider does not indemnify us — we indemnify them — and we cannot pass along protection we do not have.
*If we later switch to a model provider that offers IP indemnification, this
section will be revised to pass that protection through to you, and we will
say so loudly, because it is a real difference.*
The law in this area (particularly the copyrightability of purely AI-generated work) is unsettled and varies by jurisdiction. If you plan to build a commercial product on generations from this or any AI tool, get your own legal advice.
5. Public and private generations
Generations made while signed out are public. They may appear on our Random and Popular pages and at a public share link. We tell you this at the point of generation; it is the trade for using the tool with no account and no friction. Signed-in users can hide their generations. Set any generation to unlisted (reachable by link, absent from public pages) or private.You grant us a licence to host, store, reproduce, and publicly display your generations for the purpose of operating and promoting the service — the share pages, the discovery lists, and the previews they produce. This licence is non-exclusive and does not limit your rights under Section 2.
We reserve the right to remove or hide any generation, at our discretion, without notice.
6. What we do own
You get the content. We keep the machine.
We retain all rights in: the Digital DM software, the prompts, the category schemas, the design, the trademarks, and **the database of generations in its aggregate and compiled form**. Nothing here grants you a licence to scrape, bulk-export, or systematically reproduce the collection.
7. Accounts, quotas, and fair use
Free accounts carry daily generation limits. We may change them.
Do not circumvent quotas, rate limits, or authentication. Do not automate access without written permission. We may suspend or terminate accounts that do.
8. Third-party AI providers
Generating content sends your prompts to third-party AI providers, who process them on their own terms. **They may use those prompts and the resulting outputs to train and improve their models.** See the Privacy Policy.If you would not want a model provider to see it, do not type it into the context field.
9. Availability
Provided "as is" and "as available." No uptime guarantee. We may change, suspend, or discontinue any part of the service. Model providers may deprecate models at any time, which may change output quality or availability.
10. Limitation of liability
To the fullest extent permitted by law, our aggregate liability for any claim arising from these Terms or the service is limited to the greater of (a) the amount you paid us in the preceding 12 months, or (b) USD $50.
We are not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, data, or goodwill.
11. Termination
You may stop at any time; delete your account in settings. We may suspend or terminate access for breach of these Terms or the Acceptable Use Policy.
Sections 3, 4, 6, 10, and 12 survive termination.
12. Changes, governing law, contact
We may update these Terms. Material changes will be announced in the product. Continued use after the effective date means acceptance.
Governed by the laws of [JURISDICTION].
Questions: [CONTACT EMAIL]
Clause map (delete before publishing — this is for you, not users)
| Clause | Exists because | |---|---| | §2 | BFL grants outputs to "you and your End Users" for commercial use | | §3(a) | BFL prohibits training competing models on outputs | | §3(b) | BFL prohibits presenting AI output as human-generated | | §3(c) | BFL requires an AUP "no less protective" than theirs | | §3(d) | BFL prohibits high-risk use | | §3(e) | BFL prohibits hosting an API endpoint exposing their models to third parties | | §4 | BFL provides no indemnity to us. We cannot pass through what we don't have | | §5 | §11.1 decision + the anonymous-implies-public DB trigger | | §6 | The database/compilation is the actually-defensible IP, since AI output likely isn't copyrightable | | §8 | BFL may use inputs and outputs to train — disclosure is mandatory |